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46:0086(7)AR - - Air Force, Tinker AFB, OK and AFGE, Local 916 - - 1992 FLRAdec AR - - v46 p86



[ v46 p86 ]
46:0086(7)AR
The decision of the Authority follows:


46 FLRA No. 7

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR FORCE

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 916

(Union)

0-AR-2263 REC

(45 FLRA No. 113)

ORDER DISMISSING REQUEST FOR RECONSIDERATION

October 7, 1992

The Union has filed a request for reconsideration of the Authority's Decision issued September 8, 1992, in the above-captioned case. The Union's request for reconsideration is untimely and must be dismissed.

In pertinent part, section 2429.17 of the Authority's regulations (5 C.F.R. § 2429.17) provides:

2429.17 Reconsideration.

After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing may move for reconsideration of such final decision or order. The motion shall be filed within ten (10) days after service of the Authority's decision or order. . . .

The time limit for filing a request for reconsideration of the Authority's Decision is 10 days after the date the Decision was served on the filing party. The date of service of the Decision is the date it was issued and deposited in the U.S. mail: September 8, 1992. Whenever a party is served by mail, 5 days are added to the prescribed period for filing. 5 C.F.R. § 2429.22. Therefore, any request for reconsideration, in order to be considered timely filed, had to be either postmarked by the U.S. Postal Service, or received in person at the Authority no later than September 23, 1992. 5 C.F.R. §§ 2429.17, 2429.21(b) and 2429.22.

The Union's request for reconsideration was filed (postmarked) on September 24, 1992. As such, it is untimely.

The Union has failed to establish, or allege, the existence of any extraordinary circumstances which would warrant waiving the expired time limit for filing its request for reconsideration. 5 C.F.R. § 2429.23(b). Accordingly, the Union's request for reconsideration is dismissed.

For the Authority.

____________________________
Alicia N. Columna
Director, Case Control Office




FOOTNOTES:
(If blank, the decision does not have footnotes.)